Bill C-5: The CQDE takes the federal government to court

Montreal, September 11, 2025 – Today the CQDE is filing an application with the Superior Court of Québec to challenge the validity of Bill C-5, the Act respecting national interest projects. Passed on June 26th 2025 by the federal Parliament under a rushed process to speed up the implementation of megaprojects, this legislation gives the government excessive powers and jeopardizes both democracy and environmental protection, according to the CQDE.

The CQDE is questioning the “how,” in other words, the methods used to implement the Bill’s objectives.

Excessive powers granted to the federal government

Bill C-5 allows the federal government to declare a project to be “in the national interest.” The government  can then override the application of environmental laws, whether federal or provincial. According to the CQDE’s application, these unfettered powers open the door to arbitrary decisions, encroachment on the constitutional powers of the provinces, and a reduction in oversight by the courts.

“Bill C-5 gives the federal government such excessive powers that the public and the courts lose their ability to control government decisions, a control which is protected by the Constitution,” summarizes Geneviève Paul, Executive Director of the CQDE.

“With Bill C-5, the power lies with a handful of politicians and the rules apply… unless the Cabinet decides otherwise,” she adds.

Environmental laws circumvented

“The social and economic impacts of tariffs are undeniable. We certainly need projects, but there is no need to sacrifice essential environmental standards. It is counterproductive and jeopardizes citizens’ rights. To make sure projects benefit society as a whole, they must be truly rooted in the transition, in conformity with environmental standards.”

“With C-5, projects can be approved in advance, before their impacts are understood. Furthermore, that understanding will be biased because this law forbids scientific opinions within the government to go against the projects being carried out,” points out Geneviève Paul.

In concrete terms, this could mean that a pipeline, a nuclear power plant, or a lithium mine, even in an agricultural area or near an urban centre, could be approved by circumventing environmental laws and without the basic democratic controls which are there to protect us from being led astray.

Similarly to certain First Nations who are already challenging Bill C-5 in Ontario courts, the CQDE argues that the law is unconstitutional, is asking the courts to invalidate it, and is urging the federal government to revise it to ensure that the environmental rights of Canadians are respected.